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“I would certainly use it more often if community service orders were available as penalties in
themselves …I verystronglyhave that view” A2J1DC
“Well I think you could certainly consider it in far many more cases than you would do at present”.
A1J5DC
In the survey, a contrarian view was expressed on the likelihood of breaches of a stand
alone communityservice order ultimatelyleading to a termof imprisonment:
“I don’t think so. I think if it were available more widely, that it might actually avoid people going
into custody. There clearly has to be a way of enforcing it or dealing with the case otherwise if the
defendant doesn’t comply with the order. But if it’s de-coupled from having to presuppose a
sentence, then it’s not a case where automatically there would be a sentence if it is not complied
with.”A2J1DC
He suggested that even a fine might be the penalty for not complying with community
service.
Issues about sentencing and an apprehension that judges would use community service
orders inconsistently were articulated in the Senate Debate when Senator Ryan asked if
there was “anything which could be done to get some sort of even-handed interpretation
of this” by Judges (Senate Debate, vol.101, cols. 875-876, 7 th July, 1983, Senator Ryan).
The Minister for Justice replied that sentencing was a matter for the Judiciary but the
President of the District Court could call a meeting a discuss the matter with District
Justices under the statutory meeting procedure pursuant to the Courts (Supplemental
Provision) Act 1961. However, it should be pointed out that while the procedure for
meetings to discuss sentencing might facilitate a discussion upon issues relating to
consistency in sentencing there is no requirement upon those attending such meetings to
perform their function in a manner other than within the legal requirements. Discretion in
this regard remains unfettered. The only requirement in respect of community service
orders is that the Judge must have in mind a custodial sentence before deciding to impose
a communityservice order instead.
Inconsistency may arise in the case of community service orders under a number of
headings. Firstly, there is the issue of equivalence between the number of hours to be
performed under a community service order and the alternative custodial penalty. As
previously noted, Walsh and Sexton (1999) found significant variation between Courts on
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